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Go Back   Net54baseball.com Forums > Net54baseball Main Forum - WWII & Older Baseball Cards > Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions

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  #1  
Old 08-14-2009, 10:13 AM
nolemmings's Avatar
nolemmings nolemmings is offline
Todd Schultz
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Join Date: Apr 2009
Location: Phoenix
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Default oral contracts

Barry, you're right--reneging is a bad thing. BTW, oral contracts are certainly enforceable, so long as they do not run afoul of the statute of frauds (concerning certain specific types of contracts). Jamie is similarly incorrect to assert that claims for breach of oral contract almost never prevail; in fact, they are often successful, you just need to prove your elements.

Here we not only have an enforceable contract, we have an admission of its breach. The material terms are also available to see in "writing"--emails in this case. As for damages, they could be measured in a few ways, oftentimes by the difference in what you had to pay to receive the cards elsewhere minus the contract price here. If scarce or unique enough, you could even get an order of specific performance--requiring seller to provide the cards he agreed to sell. In sum, there is an enforceable contract, and it was breached. The only issue of whether it is actionable is whether and what damages were sustained.
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  #2  
Old 08-14-2009, 10:50 AM
shammus shammus is offline
Brian McQueen
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Default

"...if you want to ban me now, too, then whatever..."

Well, ok then.
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  #3  
Old 08-14-2009, 11:00 AM
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calvindog calvindog is online now
Jeffrey Lichtman
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Ok, that was funny.
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  #4  
Old 08-14-2009, 01:59 PM
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V117collector V117collector is offline
Bradley Holt
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Location: Vancouver Canada
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Default This thread was posted for all the wrong reason!!!

Quote:
Originally Posted by shammus View Post
"...if you want to ban me now, too, then whatever..."

Well, ok then.
Two members being banned for basically nothing, wow what's next? <-- now that's childish.
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  #5  
Old 08-14-2009, 02:06 PM
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iggyman iggyman is offline
I. "Iggy" G0nz@lez
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Join Date: May 2009
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Quote:
Originally Posted by V117collector View Post
Two members being banned for basically nothing, wow what's next? <-- now that's childish.
Careful, Brad. Please try not to upset the wise ones. You might be next!

Lovely Day...
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  #6  
Old 08-14-2009, 02:08 PM
Rich Klein Rich Klein is offline
Rich Klein
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Location: Plano Tx
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Default This proves we can be very dysfunctional

Brian's only mistake in this was that he did not sign his last name (and perhaps in the future all moderators must make sure their full name is listed for them -- or something close)

Brandon admitted his plight; realized he was wrong; accepted his punishment like a man. BTW -- this only affects his BST privledges, if he wishes from what I saw, he can still post on these boards.

Would you rather this board become like the PSA boards where threads go poof, many times for no reason at all?

Here's a case where complaints were made about how someone did business; he owns up to his mistakes; takes his medicine and moves on. How much easier does a thread have to be. What did I miss?

Rich
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  #7  
Old 08-14-2009, 02:14 PM
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Jim VB Jim VB is offline
Jim VB
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Brian,

I'm now so mad about this that if you want to ban Lichtman, go right ahead!
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  #8  
Old 08-14-2009, 06:02 PM
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Browncow75 Browncow75 is offline
Brandon Brown
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Join Date: Apr 2009
Location: Saint Charles, Mo
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Default Another 2 cents (I took out a loan!)

Come on guys!
Lets be civil here! At this juncture, I am the only one affected by my ban...suspension...booting....outing....whatever you want to call it. I know the reason for it, and it wasnt my first rodeo...It happened before for basically the same reason. Im a big boy, and I can live with the consequences of my actrions. Even though I may not agree completely in the manner it was made public, it was the way that [U]all 4[U] moderators decided should be handled, and I have to respect that. I, like all of us here, am bound to a certain code of conduct, be it written or inferred. I neglected my responsibilty with my actions and will accept their decision as I would with anyone who is in a position of authority. Afterall, if it werent for Leon and Brian's (and Im sure alot of other people) hard work to create and maintain this site, there wouldnt be anything here for us to be arguing about! So I say, as far as Im concerned, its done and overwith. Should Leon and the other mods decide to reinstate me at some point, I will ask that a thread be started, to gauge reaction to my being reinstated. That way I will know whether or not it will even be necessary, since after all this, alot of the sellers on the BST may not want to sell to me anymore even if Im allowed back, so it may end up a moot point. So please...lets get on with our lives. I appreciate everyones' input on the situation, but so long as all of you continue to handle yourseves in a calm and professional manner, everything and everyone will be....cooool.
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  #9  
Old 08-14-2009, 06:06 PM
Reginald Marsh Reginald Marsh is offline
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Default Zzzzzzzzz....................

I'm in shock that this thread is still going.
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  #10  
Old 08-19-2009, 01:35 AM
Bosox Blair Bosox Blair is offline
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Join Date: May 2009
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Quote:
Originally Posted by nolemmings View Post
Barry, you're right--reneging is a bad thing. BTW, oral contracts are certainly enforceable, so long as they do not run afoul of the statute of frauds (concerning certain specific types of contracts). Jamie is similarly incorrect to assert that claims for breach of oral contract almost never prevail; in fact, they are often successful, you just need to prove your elements.

Here we not only have an enforceable contract, we have an admission of its breach. The material terms are also available to see in "writing"--emails in this case. As for damages, they could be measured in a few ways, oftentimes by the difference in what you had to pay to receive the cards elsewhere minus the contract price here. If scarce or unique enough, you could even get an order of specific performance--requiring seller to provide the cards he agreed to sell. In sum, there is an enforceable contract, and it was breached. The only issue of whether it is actionable is whether and what damages were sustained.
Thank God - someone who speaks out of the front hole and not the back hole...nice summary, Todd!

Thought I'd add that I did a BST transaction with our mod, shammus (Brian), and it went...swimmingly! He is a gentleman, stand-up guy, and exactly what you hope for when you send money to someone in a BST transaction.

I thank all the mods for policing the BST - I've done a bunch of smooth purchases there, and I want that to continue.

Cheers,
Blair
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